Archive for the ‘Discipline’ Category

Ex-Lawyer Charged With Embezzling $1 Mil From Clients, Firm

August 28, 2010

When former attorney Jeffrey Abramowitz was indicted on charges of embezzling more than $1 million from his own clients, the news almost seemed to provide a sense of relief to his former law partner, Mitchell H. Klevan, who told The Legal that he has spent the past 20 months working to undo the damage of Abramowitz’s alleged crimes.

Abramowitz, 47, is accused in the indictment of stealing money from clients by lying to them about the settlements of their cases. He allegedly spent some of the funds himself and diverted the rest to a “favored client” and her family.

According to Klevan, the alleged improprieties in Abramowitz’s cases were exposed in late 2008 when some of the clients filed lawsuits against the two-lawyer firm and others filed complaints against Abramowitz with the Disciplinary Board of the Pennsylvania Supreme Court.

Klevan said that he changed the locks on the office doors at Klevan & Abramowitz in December 2008 when he first learned of his former partner’s alleged thefts.

As he pored over the files, Klevan said that he was “shocked and dismayed” to find irregularities in numerous cases. Klevan said he quickly decided to turn the matter over to the U.S. Attorney’s Office, and that he has been cooperating with both the federal and the disciplinary investigations ever since.

“I’m very sorry that Mr. Abramowitz has brought this on himself, but I hope that justice will now be served for all the victims he has harmed,” Klevan said.

Full Article and Source:
Ex-Attorney Charged With Embezzling $1 Mil From Clients, Firm

At Least 16 Georgia Judges Under Suspicion for Misconduct Since 2008

August 26, 2010

Since early 2008, at least 16 Georgia judges have resigned or been removed from office either under a cloud of suspicion or after being publicly accused of misconduct. Among them are:

● Clinch County Superior Court Judge Brooks Blitch, who resigned after being accused of overseeing illegal payments to employees and ordering the early release of inmates.

● Woodstock and Marietta municipal Judge Diane Busch, who resigned after being charged with furnishing alcohol to teenagers, stemming from a Christmas party at her home.

● Fayette County Superior Court Judge Johnnie Caldwell, who resigned after being accused of making rude, sexually suggestive comments to an attorney.

● Twiggs County Probate Judge Kenneth Fowler, who was removed for requiring criminal defendants to prove their innocence and having defendants “buy out” of their community service by making deposits into a bank account he controlled.

Full Article and Source:
List of Judges

NJ Disbarred Lawyers Reported for 2009

August 23, 2010

The number of formal complaints filed with the state Office of Attorney Ethics increased by 23 percent in 2009, with 233 complains compared to 189 in 2008, according to the office’s annual report made public.

As a result, by the time the year was over, 29 of New Jersey’s 86,807 attorneys were disbarred for unethical practices, 15 of them by consent.

Another 29 lawyers were suspended, 23 were censured, 26 received reprimands, 40 received admonitions, 25 had their licenses suspended and 2 received license suspensions.

The report shows an 11 percent decrease in the number of attorneys disciplined by the state Supreme Court. The figure was 148 in 2009 compared to 167 in 2008.

The 233 formal complaints stemmed from 1,476 grievances filed with the OAE in 2009, a nearly 6 percent increase over the 1,394 grievances filed in 2008.
The fee arbitration program resolved 1,130 fee matters involving $14.5 million in legal fees.

Here are the 14 lawyers who were disbarred by the Supreme Court in 2009:
Peter J. De Jong, Morris County
Marc F. Desiderio, Bergen
Edward D. Fagan, Florida
Jonathan Friedman, Monmouth
Horatius A. Greene II, Essex
Stanley J. Hausman, Essex
Thomas J. Izso, Middlesex
Russell T. Kivler, Mercer
Richard H. Kress, Union
Gary Lesser, Morris
Laura P. Scott, Bergen
Irwin B. Seligsohn, Essex
Loel H. Seitel, Bergen
Stephen W. Thompson, Cape May

Here are the 15 attorneys who agreed to be disbarred:
Kevin M. Bosworth, Burlington
William N. Chango, Union
Matthew G. Connolly, Hudson
John L. D’intino Jr., Pennsylvania
Jeffrey B. Feinman, Camden
Edward M. Fink, Somerset
Paul J. Hirsh, Morris.
Philip B. Hover, Bergen
Andrew M. Kimmel, Morris
Kurt G. Ligos, Morris
John G. Lynch Jr. Sussex
Sam S. Matthews, Bergen
John J. Montefusco, Morris
Steven T. Rondos, Bergen
Ward S. Taggart, Ward, Burlington
Stanley J. Hausman, Essex

Full Article and Source:
Disbarred Lawyers in NJ Reported for 2009

Editorial: Discipline Against Judge Exposes Flaws

August 15, 2010

Cocke County General Sessions Judge John Bell took his third disciplinary strike in June and was sent to the showers, but his bank account won’t suffer.

A judicial ethics panel last month suspended Bell for 90 days with pay – essentially a three-month paid vacation – after his third violation.

The decision makes one wonder what it would take to actually remove a sitting judge, and a revelation during the proceeding that a previous action against Bell has been shielded from the public view exposed a flaw in the process.

Bell was convicted in June for mishandling a relatively simple lawsuit. The Court of the Judiciary could have removed him, but instead opted to keep him off the bench for 90 days.

Once the decision was made to suspend him, the panel could not keep Bell from receiving his salary during the hiatus. The state constitution doesn’t allow the panel to take a judge’s pay.

Taxpayers also will have to pay the salary for a special judge who will have to hear Bell’s cases during the suspension.

Full Editorial and Source:
Discipline Against Judge Exposes Flaws

Disbarred Lawyer Now Facing Felony Charges

August 13, 2010

A Pender County lawyer who was disbarred in late 2008 amid allegations of misappropriating client funds now faces felony charges, officials say.

Agents with the N.C. State Bureau of Investigation arrested Kevin Joseph Strickland, 39, and charged him with financial crimes as well as an allegation he set fire to his own law office.

Strickland, who civil court records show practiced real estate law and negotiated multi-million dollar deals, was booked into the Pender County jail under a $500,000 bond, according to a statement from the SBI.

On Friday, jail officials said Strickland was released Thursday on a $200,000 bond.

Full Article and Source:
Disbarred Attorney Indicted on Financial Charges

Wisconsin Lawmakers Consider Changes to Judge Discipline Rules

August 8, 2010

A state legislative committee is considering changing the current system for disciplining judges who violate the judicial code of conduct.

The committee was created to address concerns raised by the 3-3 deadlock that occurred when the high court ruled on whether Justice Michael Gableman had violated the ethics code with a campaign ad during the race for his seat on the court.

At its first public hearing this week, Wisconsin Supreme Court Justice Patrick Crooks told the committee it’s up to the legislature to prevent that from happening again. He says a deadlock will likely happen again, and that the legislature should provide “some means of resolving a situation that is not finally resolved.”

Crook’s colleague, Justice Patience Roggensack, says there’s no need for legislative fix because the system isn’t broken. But she told the committee if they want to fix it there’s an easy way to do it.

“All it would take would be a simple amendment of the statute saying if there is not a majority vote in favor of the position of the judicial commission that concludes the matter.”

But Mike McCabe of the Wisconsin Democracy Campaign asked the committee to consider ending the system that puts judges in the uncomfortable position of judging fellow judges. He says lawmakers should give consideration to a new model that would perhaps also include members of the general public as well as people from the legal community.

Before it makes any recommendations the committee will hold several public hearings to solicit more ideas about the need to change the current system for disciplining judges.

Source:
Wisconsin Lawmakers Consider Changes to Judge Discipline Rules

SJC Approves Disbarment of Lawyer

August 5, 2010

The state Supreme Judicial Court has approved the disbarring of a Gardner lawyer who was convicted of rape and other charges in 2005.

Gary R. LeBlanc, 56, of 20 Cross St., Gardner, has been disbarred from practicing law in Massachusetts, retroactive to Jan. 9, 2006, the date of his temporary suspension.

On Oct. 20, 2005, Mr. LeBlanc was convicted in Worcester Superior Court of two counts of rape, indecent assault on a person 14 or over, distribution of cocaine, providing alcohol to a minor and a drug violation in a school zone, after a trial in Worcester Superior Court. He was also convicted of drugging for purposes of sexual intercourse.

Mr. LeBlanc was sentenced to state prison and required to register as a sex offender. After these convictions, Mr. LeBlanc was temporarily suspended from practicing law. He is still incarcerated.

On Feb. 3, 2009, the state Appeals Court reversed the conviction for administering drugs for sexual intercourse, but affirmed the remaining convictions. Bar counsel filed a petition for discipline on Feb. 4, 2009. Proceedings were deferred while the criminal case was further appealed to the Supreme Judicial Court, which upheld all of the convictions except for drugging for purposes of sexual intercourse.

Mr. LeBlanc had been charged with sexually assaulting an 18-year-old Gardner High School senior on Feb. 2, 2004, after giving her cocaine and alcohol in his Gardner home. The decision says Mr. LeBlanc and the young woman knew each other through friends and family. She was 12 when she first met the lawyer.

On May 18, Mr. LeBlanc submitted an affidavit of resignation in which he maintained his innocence, but admitted that he had been convicted of the offenses charged in the petition for discipline and that the convictions established violations. On June 14, the Board of Bar Overseers voted to recommend to the Supreme Judicial Court that the affidavit of resignation be accepted and an order of disbarment be issued. The disbarment order was accepted on June 30.

Full Article and Source:
SJC Approves Disbarment of Lawyer

Rothstein Case: Feds Say $188mil Restitution Due

August 5, 2010

Federal prosecutors have asked a judge to approve more than $188 million in restitution for victims of the Ponzi scheme operated by former Florida attorney Scott Rothstein.

Prosecutors said in a filing last week that they have identified 218 people with legitimate claims. More can be added if they provide proper documentation of losses.

Assets including cash, real estate, houses, boats and jewelry have been seized from Rothstein. But officials say the value is far less than $188 million, so victims will likely only get a portion of their money back.

Full Article and Source:
Feds Say $188 Million Restitution Due in Rothstein Case

Judge Campbell Suspended, Then Resigns

July 31, 2010

Van Wert Municipal Court is looking for a new judge after Phil W. Campbell resigned his position on Thursday after the Ohio Supreme Court Board of Commissioners on Grievances and Discipline handed down his punishment stemming from judicial misconduct charges in 2009.

Campbell had his law license suspended for 12 months, with six months of the sentence stayed provided no other violations occurred during that period, after he was already seated at the bench for the morning session on Thursday. The sanction was essentially the same as was worked out at the Ohio Supreme Court Board of Commissioners on Grievances and Discipline last year.

Rumors soon after the decision that Campbell had submitted his resignation to Governor Ted Strickland were confirmed by the Court late Thursday afternoon. According to Chris Davey of the Ohio Supreme Court Public Information Office, the letter was received late in the day.

“I am choosing to retire from my position as Van Wert County Municipal Court Judge, effective this date,” started the letter.

In the slip opinion, the Court listed, “Judicial misconduct – Discipline – Improper investigation of a criminal manner – Failure to act in courteous, dignified manner – Improper use of judicial office to pressure persons into action – Improper handling of indigency determinations…”

The Court determined that Campbell had committed 14 violations of the former Code of Judicial Conduct and the Code of Professional Responsibility, including one violation of Canon 1 (A judge shall uphold the integrity and independence of the judiciary), nine violations of Canon 2 (A judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary), one violation of Canon 3(B)(2) (A judge shall be faithful to the law and maintain professional competence in it), and three violations of Canon3(B)(4) (A judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers and others with whom the judge deals in an official capacity, and shall require similar conduct of lawyers, and of staff, court officials, and others subject to the judge’s direction and control).

Full Article and Source:
Judge Campbell Suspended, Then Resigns

AZ Probate Judge Pro Tem Lindsay Ellis Has Judicial Immunity

July 30, 2010

Nobody can question retired Commissioner Lindsay Ellis about her decision to give select attorneys a sneak peek at her plan to approve the draining of an elderly widow’s life savings.

Superior Court Judge Robert Budoff has ruled that Ellis can’t be hauled into court and asked why she decided to send an advance copy of her decision only to the people who stood to benefit from her ruling. Can’t be asked just how cozy her relationship was with one side, the side that wound up with most of Marie Long’s money. Can’t be asked, well, anything.

She has “absolute immunity”

“Not only Judge Pro Tem Ellis, but also her judicial assistant, court clerk and other staff are protected from compelled testimony relative to any communications that may have occurred with any counsel in these proceedings, ex-parte or otherwise,” he wrote, in a ruling made public this week.

But Budoff noted that evidence can be obtained elsewhere and he rejected Ellis’ request that he call off his inquiry into her actions.

Ellis’ neutrality has long been questioned in the case of the 88-year-old widow who went from having $1.3 million to nothing after suffering a stroke and coming under the protection of probate court. Probate’s presiding judge at the time, Karen O’Connor, twice rejected requests last fall to remove Ellis from Marie’s case, claiming there was no evidence of bias.

Then came the remarkable revelation that Ellis, through a judicial assistant, in March sent select attorneys an advance copy of her ruling that they and their clients were justified in collecting hundreds of thousands of dollars in fees from Marie’s trust. Ellis’ ruling also lambasted attorneys for Marie and her sisters, blaming their “hateful and unsubstantiated attacks” for the run-up in fees.

Full Article and Source:
Probate Judge Can’t Be Questioned


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